Deputy menteri besar Fadzli Hassan said two committees were currently holding discussions to formulate the bill, Bernama reported.

“These two committees are supported by experts from various sectors and government departments. We have outlined a framework for these committees to ensure compliance with the constitutional framework and laws applicable in Malaysia,” he was quoted as saying.

The state government’s actions come in the wake of a Federal Court decision in February 2024 to strike down 16 provisions in the Kelantan shariah criminal code on the grounds that they were unconstitutional.

In announcing the 8-1 majority decision, Chief Justice Tengku Maimun Tuan Mat said the state assembly had no power to legislate on matters covered by federal law, as some of the offences in question were already in civil law.

However, the Kelantan state assembly later passed a motion to redraft the 16 provisions that were nullified, prompting lawyers to warn the state government that it could be seen as being in contempt of the court if it attempted to re-enact the provisions.

Fadzli said the state had held a convention to review the annulled provisions and come up with suitable amendments in line with the constitution.

“We do not want anyone to challenge us, claiming (the enactments) were inconsistent with the constitution or the jurisdiction of the state assembly,” he said.

The landmark Federal Court decision came on a petition filed by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Nastasha Tengku Abdul Rahman.

They argued that these provisions, which included punishments for incest, gambling, necrophilia, sodomy and sexual harassment among others, were invalid as it is already covered by federal law.

They also argued that the power to legislate criminal matters belong to the Parliament, as state assemblies only had the right to enact laws concerning Islamic faith.